James MacIel, Sr. v. Matthew Cates

California state prisoner James D. Maciel appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his sentence for committing lewd and lascivious acts with force against a child. Maciel contends that the state violated Hill v. United States ex rel. Wampler, 298 U.S. 460, 56 S.Ct. 760 , 80 L.Ed. 1283 (1936), by imposing a parole term and a sex-offender registration requirement that were not part of his criminal judgment. We find Maciel’s challenge to his parole term moot because he is no longer on parole. With respect to Maciel’s claim that imposition of the sex-offender registration requirement violates Wam-pler, we hold that the state court’s decision was neither contrary to nor an unreasonable application of clearly established federal law. Accordingly, we affirm.

Background

In 1986, Maciel was convicted and sentenced to 42 years and four months in state prison. The sentencing court did not on the record impose a parole term or order Maciel to register with the state as a sex offender following release from imprisonment, despite the fact that state law mandated both requirements. See CaLPenal Code §§ 290, 3000 (1986). These…